A national movement for paid time off for pregnant women could be led by New York.

• Starting 2025, New York labor law mandates that employers offer up to 20 hours of paid leave in a 52-week period for pregnant employees to receive prenatal care.
• The city of Washington, D.C. has a law that mirrors the one based on research demonstrating that prenatal healthcare leads to improved health outcomes for mothers and their infants.
• Although the Family and Medical Leave Act offers job-protected leave for prenatal care, it is unpaid. Despite the availability of paid family leave, only 2% of eligible workers utilize it.

New York has become the first state to mandate a standalone entitlement to paid prenatal leave, which is set to become a national women's health initiative.

New York Governor Kathy Hochul signed an amendment to New York labor law that mandates employers to offer up to 20 hours of paid leave in a 52-week period for pregnant employees to attend prenatal medical appointments and procedures. This provision will become effective on January 1, 2025.

Reshma Saujani, founder and CEO of Moms First, stated that she hopes other states and governors who share similar values in prioritizing women's health will follow suit.

The Family and Medical Leave Act offers job-guaranteed time off for prenatal care or when a pregnant woman is unable to work. Under the act, employees are entitled to 12 weeks of leave within a 12-month period. However, this leave is not compensated.

Washington D.C. has passed a law similar to New York's, providing up to two weeks of paid leave for pregnancy-related medical care and an additional 12 weeks of leave after the birth of a baby.

The laws are based on research indicating that prenatal healthcare leads to improved health outcomes for mothers and their infants.

"Working mothers should not have to use their sick leave bank for healthcare expenses related to having a baby, according to Harris M. Mufson, a partner at law firm Gibson, Dunn & Crutcher and a member of the firm's labor and employment practice. Instead, there is a belief that they should have a separate bank specifically for this condition, as it is appropriate and supportive of working mothers."

No federal labor law precedent exists

While FMLA allows eligible employees to take up to 12 weeks of unpaid leave annually, private employers are not obligated to provide paid leave for family and medical needs. Additionally, there is no federal law that mandates paid time off for prenatal care.

Paid leave is not a partisan issue, but it hasn't been a top priority for legislators, according to Saujani. "Federally, it hasn't been passed because it hasn't been prioritized," she said.

Over a dozen states and one local jurisdiction have enacted laws mandating private employers to offer paid family and medical leave to their employees. These laws provide leave for the birth of a child or to care for a seriously ill family member, and some states also allow leave for other reasons, such as prenatal care, as per Westlaw.

Paid family and medical leave programs have been enacted by 14 states, including California, Colorado, Connecticut, Delaware, Washington D.C., and the city and county of San Francisco, as of January.

Paid sick leave laws in New York include prenatal protections. At least 18 states, including Washington D.C. and Puerto Rico, have enacted statewide paid sick leave laws. Among these laws, Illinois, Maine, and Nevada allow leave to be taken for any reason, not just sickness.

States more likely to follow New York's lead

According to Kelly M. Cardin, a shareholder with Ogletree Deakins who specializes in employment law, states that tend to provide greater employee protections, such as California, Colorado, Massachusetts, Washington, Illinois, New Jersey, and Connecticut, are most likely to pass laws requiring paid leave for prenatal care. She believes that this trend could spread.

The federal Pregnant Workers Fairness Act, signed into law by President Biden in December 2022 and effective on June 27, 2023, could make the concept of requiring paid prenatal benefits even more compelling. The U.S. Equal Employment Opportunity Commission issued its final regulation to implement the law, which takes effect on June 18.

Employers must provide reasonable accommodations to pregnant workers under the PWFA, unless it causes undue hardship. However, this law does not replace more protective worker laws in certain states and cities, which require employers to provide accommodations for pregnant workers. Over 30 states and cities have such laws in place.

The PWFA's emphasis on protecting pregnant workers is likely to prompt states, particularly more progressive ones, to enact additional safeguards. This trend reflects a broader effort to ensure that workers receive equal benefits.

Few workers take advantage of paid leave programs

It's crucial to ensure women are aware of their existence, in addition to passing laws, according to Saujani.

Despite New York's widely praised paid family leave program, only 2% of eligible workers utilize it, according to data from Moms First, which is consistent with a national trend of low utilization, with only 3% to 5% of eligible workers taking any paid leave.

Saujani stated that if people are unaware of the existence of the tool, they won't be able to access it. Moms First is currently working on expanding the tool to other states that offer paid leave to assist residents in determining their eligibility.